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17 November 2023 / Roger Smith
Issue: 8049 / Categories: Opinion , Legal aid focus , Profession
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Legal aid on the Day of the Dead

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Roger Smith casts his eye over the options to meet unmet legal need & finds some chinks of light

The Legal Services Consumer Panel chose Halloween, one of the days of the dead, to hold a conference on unmet legal need. Given the dire state of legal aid— which can truly be described as eviscerated—the panel may have revealed more than it intended by its choice of subject. Whatever the origin of the event, some interesting issues emerged.

The first point is why a regulator has any interest in the topic. You might think its point is to impose standards on what is being provided—a role ex post facto—rather than as instigator. The panel has a number of answers to this. After all, improvement of access to justice is included in regulators’ statutory duties. More generally, all regulators are subject to the Public Sector Equality Duty. Further, various suggestions for reform might require regulation. But the essential reason is probably that, with the abolition of the Legal

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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